if president obama is there, we may see her retire. you may see scalia or kennedy retire if we have a president romney. it makes a huge shift in the court based on the next president. you could have one, too, or even three. that would give president obama the ability to appoint the majority of the members on the supreme court or it would give president romney the chance to possibly shift the balance and any when replacing justice kennedy certainly affects the balance and makes it either a solidly liberal or solid conservative record assuming the president knows how to pick the right kind of person the want, which is always a challenge. >> you said retirement's during this term? my prediction would be none. >> in four years, i think they can sit there and think about so and so can replace me. for years is a long time. >> speaking of having fun, which you join me on behalf of the federalist society in thinking our panelists? [applause] [captioning performed by national captioning institute] [captions copyright national cable satellite co